Homicide Law Flashcards
Murray Wright Ltd
Because the killing must be done by a human being, an organisation such as a hospital or food company cannot be convicted as a principal offender
What are the three main types of culpable homicide?
Murder, manslaughter and infanticide
What is the difference between murder and manslaughter?
The critical distinction between murder and manslaughter is whether the offender intended to kill the deceased or to harm them in a way they knew might result in death
To establish a death, you must prove the;
- death occured
- deceased is identified as the person who has been killed
- the killing is culpable
Associated murder charges include;
- attempt to murder
- counselling or attempting to procure murder
- conspiracy to murder
- accessory after the fact to murder
What are the two types of automatism?
The two types of automatism are sane and insane
What type of defence does a child under 10 years have?
A child under 10 years has an absolute defence
What in effect is a defence of mistake?
A defence of mistake is in effect a denial of intent
What is compulsion?
Compulsion is the act of compelling a person to do something against their will
When does a child become a human being?
A child is a human being when it is completely proceeded in a living state away from the body of its mother whether or not it is breathing/not breathing, has independent circulation or not, the navel string is severed or not
Define killing of a child (section 159)
The killing of a child is homicide if it dies in consequence of injuries received before, during or after birth
Define culpable homicide?
When the killing is blameworthy. Includes murder, manslaughter or infanticide
Define homicide
Homicide is the killing of a human being by another, directly or indirectly by any means whatsoever
Can an organisation be charged with Manslaughter?
Not as a principal offender. An organisation can be convicted as a party to the offence (section 66(1))
R V Myatt
Before a breach of any act, regulation or bylaw would be an unlawful act under S160 for the purpose of a culpable homicide it must be an act likely to do harm to the deceased or to some class of person of whom he was one
R v Lee
Act must be objectively dangerous where a reasonable person knows the risk of the harm existed
R v Tomars
Formulates in the following way;
1. Was the deceased threatened, in fear of or deceived by the defendant
2. Did the threats/fear/deception cause the deceased to do the act resulting in their death
3. Was the act a natural consequence of the defendant’s actions, in that any reasonable person would have seen the foreseeable consequence
4. Did the foreseeable action of the victim contribute in a way to his death
Can someone consent to their death?
No-one has the right to consent to being killed (s63). This means if someone is killed, the fact they gave their consent will not affect the criminal responsibility of anyone else involved in the killing
Proof of death
To establish the death, you must prove the
- death occurred
- deceased is identified as the person who has been killed
- the killing is culpable
Death can be proved by direct and/or circumstantial evidence
R v Harpur
Conduct viewed cumulatively up to the point when the conduct in question stops. Defendant’s conduct may be considered in its entirety
Counselling or attempting to procure murder
Anyone who incites, counsels or attempts to procure any person to murder any other person in New Zealand when the murder is not in fact committed
Conspiracy to murder
(1) Anyone who conspires or agrees with any person to murder any other person whether the murder is to take place in New Zealand or elsewhere
(2) The expression to murder includes to cause the death of another person out of New Zealand in circumstances that would amount to murder if the act were committed in New Zealand
Regardless of whether the murder is committed or not
R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence eg. Homicide
Involuntary manslaughter
An unlawful killing in which the death is caused by an unlawful act or gross negligence
Voluntary manslaughter
A death caused by mitigating circumstances eg suicide pact. Considered manslaughter even though the defendant may have intended to kill or cause GBH
R v Blaue
Those who use violence must take their victims as they find them
R v Piri
Recklessness involves a conscious and deliberate risk taking. The accused must recognise a “real or substantial risk” that death would be caused
R v Murphy
When proving an attempt to commit an offence it must be shown that the accused’s intent was to commit the substantive offence. Eg attempted murder it is necessary for the crown to establish an actual intent to kill
R v Cottle
As to degree of proof, it is sufficient if the plea is established to the Satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt
R v Lavelle
It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the person’s interest or willingness to so offend
R v Joyce
Court of Appeal decided that compulsion must be made by a person who is present when the offence is committed
R v Codere
The nature and quality of the act means the character of the act. Doesn’t include the accused’s moral perception not knowledge of the moral quality of the act
R v Clark
The decision as to an accused’s insanity is always for the jury and a verdict inconsistent with medical evidence is not necessarily unreasonable. Where unchallenged is supported by surrounding facts
